286 ANNUAL REGISTER, 1800. 



with their merchandise and ships 

 in the country, ports, &c. of the 

 enemies of either party, without 

 encountering any obstacle or con- 

 trol ; and not only pass directly 

 from the ports and fortresses of the 

 enemy above mentioned into neu- 

 tral ports and fortresses, but, more- 

 over, from any place belonging to 

 an enemy into any other apper- 

 taining to another enemy, whether 

 it he or be not subjected to the 

 same jurisdiction, unless these ports 

 or fortresses be actually besieged, 

 blockaded, or invested. 



And in case,' as it often happens, 

 that vessels sail for a fortress or port 

 belonging to an enemy, without 

 knowing that they are besieged, 

 blockaded, or invested, it is pro- 

 vided, that every ship that shall be 

 found in such circumstances shall 

 veer off from such harbour or for- 

 tress, without being exposed to be 

 detained or confiscated in any part 

 of its cargo (unless it be contraband, 

 or that it be proved that the said 

 ship, after having been apprized of 

 the said blockade, &c. had attempted 

 to enter into such harbour,) but it 

 shall be empowered to go into any 

 other port or harbour it may deem 

 convenient. No ship belonging to 

 either nation, that enters into a 

 port or fortress before it be really 

 put in a state of siege or blockade 

 by the other, shall be prevented 

 from sailing out with its cargo. 



13th. In order to regulate 

 what is understood by contraband 

 during war, under that head are 

 to be comprised gunpowder, salt- 

 petre, petards, matches, balls, bul- 

 lets, bomb-shells, pistols, halberds, 

 cannon, harnesses, artillery of all 

 sorts, and, in general, all kinds of 

 arms and implements for the equip- 

 ment of troops. All the above- 



mentioned articles, whenever they 

 shall be found destined for an ene- 

 my's port, shall be declared con- 

 traband, and justly exposed to con- 

 fiscation. But the ship with which 

 they were freighted, as well as the 

 rest of the cargo, shall be regarded 

 as free, and in no manner shall be 

 vitiated by the contraband goods, 

 whether they belong to many, or 

 to one and the same proprietor. 



14th. It is stipulated by the 

 present treaty, that free ships shall 

 likewise ensure the freedom of 

 goods, and that all things on board 

 shall be reckoned free belonsing to 

 the citizens of one of the contract- 

 ing parties, although the cargo, or 

 part of it, should belong to the 

 enemies of the two ; it being un- 

 derstood, nevertheless, that contra- 

 band goods will always be excepted. 

 It is, likewise, agreed, that this 

 freedom shall extend to the persons 

 of those who shall be found on 

 board the free ships, although they 

 should bs enemies to one of the 

 two contracting parties ; and it 

 shall not be lawful to take them 

 from the said free ships, at least if 

 they are not soldiers, and actually 

 in the service of the enemy. 



15th. It is agreed, on the 

 other hand, that all goods found put 

 by the respective citizens on board 

 ships belonging to the enemy of the 

 otherparty, or to their subjects, shall- 

 be confiscated, without distinction 

 of prohibited or non-prohibited, 

 and, likewise, if they belong to the 

 enemy, to the exception always of 

 effects and merchandises which shall 

 have been put on board the said 

 ships before the declaration of war, 

 or even after the above declara- 

 tion, if it could not be known at the 

 moment of lading ; so that the mer- 

 chandises of the citizens of the two 



